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(영문) 수원지방법원 평택지원 2016.01.22 2015고단1813
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bbea cruise car.

On October 16, 2015, the Defendant driven the above car at around 19:00, and led to a three-lane road at the village distance of the village in Pyeongtaek-si located in Pyeongtaek-si, using two-lanes from the IC seat of Bongan to the terminal surface of the Bongan IC, thereby driving at the speed of 70km each hour.

In this case, the driver has a duty of care to live well on the front side and the right and the right and the right and the right are safely driven in accordance with the signals and prevent the accident in advance.

However, the Defendant neglected this and went to turn to the left in accordance with the new subparagraph of the victim C(42 tax) who was driven by the victim C(42) at the left turn due to the negligence proceeding with the red signal, and brought the front wheels of the two-wheeled automobile into the front left part of the Defendant’s car.

Ultimately, the Defendant caused the injury to the said C (34 years old) by negligence in the course of performing the above duties to the end, for approximately 8 weeks, such as the thrings of the fluor, which requires the treatment of approximately 8 weeks, and to the said two-wheeled automobile, the Defendant suffered from the injury of the fluoral dynas, etc. in need of approximately 3 weeks of treatment for the said two-wheeled automobile E (V).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to two-wheeled automobiles and accident vehicles;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Application of the sentencing criteria [the scope of the recommended punishment] The basic area (from April to October) (the person who is subject to special sentencing) of the types of general traffic accidents; and

2. The sentenced defendant who violated the signals, thereby causing the victims to suffer from an unexpected injury.

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